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On the subject of what has been termed the compulsory manumis. sion of slaves, this act does not profess to adopt the measures suggest. ed by his majesty's government. It is, therefore, needless to institute any comparison between those measures and the enactment of this law; but upon that subject, I may, perhaps, at no distant period, have occasion to make a further communication to you.

On the subject of gratuitous manumissions, and manumissions effected by voluntary contracts, this act requires that in all cases security shall be given for the maintenance of the slave. In the case of testamentary manumissions, the estate of the testator is to be liable to the payment of an annuity of £10 for the support of the slave, if he should become incapable of maintaining himself. These regulations must, of course, operate as a great discouragement to enfranchisements in all cases. Without incurring this inconvenience, an effectual security might have been taken against the abuse of emancipating slaves incapable, from their or infirmities, of procuring their own subsistence.

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It is to be feared that serious in. convenience may arise from the neglect of the proposal, to provide a method by which a slave could ascertain what particular person was entitled to receive the price of bis freedom. In the case of plantation slaves, the title is usually the same with the title to the land itself, and cases are stated to have occurred, in which a slave has lost the whole earnings of his life by paying the price of his liberty to the wrong person.

On the important subject of the evidence of slaves, his majesty

is graciously pleased to signify his approbation of the advance which has been made towards a better system of law; but, in reference to this subject, I am to observe that this law appears to contemplate the admission of the evidence of slaves, in those cases of crimes only, in which they are usually either the actors or the sufferers, excluding their evidence in other cases,-a distinction which does not seem to rest on any solid foundation. There is not any necessary connexion betwen the baptism of a witness and his incredibility. The rule, which requires that two slaves, at the least, shall consistently depose to the same fact, on being examined apart, before any free person can be convicted on slave testimony, will greatly diminish the value of the general rule. In some particular cases, such, for example, as the case of rape, such a restriction might secure impunity to offenders of the worst description. The rejection of the testimony of slaves, twelve months after the commission of the crime, would be fatal to the ends of justice in many cases, nor is it easy to discover what solid advantage could result from it in any

case.

If the owner of a slave is convicted of any crime on the testimony of that slave, the court has no power of declaring the slave free, although it may exercise that power when the conviction proceeds on other evidence. Highly important as it is, to deprive a slave of every motive for giving false evidence against his owner, that object might be secured without incurring the inconvenience of leaving the slave in the power of an owner convicted of the extreme

abuse of his authority.

In rejecting the proposal for establishing a record of the names of all slaves sufficiently instructed to be competent witnesses, the colonial legislature appear to have neglected the means of providing a cheap and effectual encourage. ment to good conduct, and of investing the religious teachers of the slaves with a powerful and legitimate influence over them.

His majesty has observed with great satisfaction, various provisions in this act for the improvement of the condition of the slaves, which originated exclusively with the colonial legislature. Among them I have particularly to advert to the clause requiring the gratuitous baptism of slaves, and to the regulation by which slaves are allowed one day in each fortnight to cultivate their provision-grounds, exclusive of Sundays, except during the time of erop, the smallest number of days to be allowed in one year being twenty-six.

The provisions for the prevention of excessive labour, contemplate the working the slaves for eleven hours and a half daily out of crop, and place no limit to the continuance of their work during croptime. Considering the climate in which the labour is to be performed, and that, after the work of the field is over, there will yet remain to be done many offices not falling within the proper meaning of the term "labour," I should fear that the exertions of the slaves, if exacted up to the limits allowed by this law, would be scarcely consistent with a due regard for the health of the labourer.

The crimes of murder and rape, when committed on the persons of slaves, are most properly made punishable by death: but if these enactments are to be understood, not as declaratory of existing laws, but as introductory of new laws, then it is obvious that there are It other offences which might be perpetrated on the persons of the slaves, against which the same punishment should have been de. nounced.

may, perhaps, however, be necessary that some more effectual means should be devised for enforcing obedience to this law.

The enactment requiring a monthly inspection of the provision. grounds, and the delivery of an adequate supply of provisions, when there is not a sufficient quantity of such grounds, is calculated to produce the most beneficial effects, and might be rendered still more valuable by some alteration in the terms of the oath, which are susceptible of a construction remote from the real intention of the framers of the law. Great advan. tage may be anticipated from the regulations for the support of the mothers and nurses of large families, and for the protection of old and infirm slaves.

The rules for the prevention of mutilation, and other cruelties, however just and valuable in principle, would, I should fear, lose much of their efficacy in practice, from the peculiar complexity of the process which is to be observed in bringing the offender to justice. In the cases supposed of the dismemberment or mutilation of a slave, fine and imprisonment would seem a very inadequate punish

ment.

The rules on the subject of runaways claiming to be free, and respecting slaves carried from place to place for sale, seem well adapted to prevent the recurrence of

serious abuses. The provisions of the trial of slaves in criminal cases, would also appear to be a material improvement on the former law. I perceive, however, that the evidence of slaves in such trials is to be admitted against slaves. It is not said that such evidence shall be admitted for them, although, of course, this must have been the intention. It is to be regretted that no provision is made for securing the attendance of judges, regularly educated to the legal profession, on slave trials.

It remains to notice those parts of this act which provide for the punishment or the prevention of crimes committed by slaves.

The crime of harbouring runaways may be punished with much more severity, when the offender is a slave, than when he is a free man,— a distinction which reverses the established principle of justice, that the malignity of crimes is enhanced by the superior knowledge and station of the criminal.

In many cases, both the nature and amount of the punishment to be inflicted on the offending slave are referred exclusively to the discretion of the court. I am not aware of any necessity for so unlimited a delegation of authority.

Among capital crimes, are enu. merated rebellion and rebellious conspiracy. As these are terms unknown to the law of England, it is not fit they should remain on the statute-book without some legis. lative definition of their meaning. Felony seems to be generally declared capital, when committed by slaves. The case of the clergyable felonies is not noticed.

The enactments, by which as. sault, or offeringv iolence to a free person, are declared capital, are

framed with an extreme laxity of expression, and have an appear. ance of severity which I am persuaded was not really contemplated by the framers of this law.

The definition of the offence of Obeah will be found to embrace many acts, against which it could not have been really intended to denounce the punishment of death. The definition of the crime of preparing to administer poison is also so extensive, as so extensive, as to include many innocent, and even some meritorious acts. Thus, also, the offence of possessing materials used in the practice of Obeah, is imperfectly described, since no reference is made to the wicked intention in which alone the crime consists.

The owner of a slave condemned to death or transportation is in all cases to be indemnified at the pub. lic

expense for the loss of his property. His majesty's government have repeatedly expressed their disapprobation of this rule of law. It weakens the motives for main. taining good domestic discipline, and for preventing the commission of crimes by the authority of the owner. It is unjust to indemnify any man at the public expense, for a loss in which his own culpable neglect of duty may have involved him. To the slave it is unjust to deprive his owner of all pecuniary interests in the preservation of his life; and when the crime of the slave is, as it often may be, the direct consequence of the owner's positive misconduct, it is in the highest degree impolitic to relieve the owner from the loss. The power of remitting the sentences of slaves condemned to hard labour for life, is to be exercised only when the slave evinces in every respect a complete reformation of

manners. I fear that few men undergo such a total change of character as this, under any circumstances, and that a prison is among the last places in which it is to be expected. Independently of this consideration, I apprehend that this clause may in some degree derogate from the power, which, under his majesty's instructions, you possess, of pardoning offenders, or remitting their punishments.

I have thus explained, at length, the considerations which have imposed on his majesty's government the necessity of submitting to his majesty their advice that this act should be disallowed. It cannot but be a subject of deep regret to them, that their sense of public duty has prevented their adopting a different course; but I trust that, upon a serious and deliberate review of the subject, the gentlemen of the Legislative Council and Assembly of Jamaica will themselves be disposed to admit, that the decision which has been adopted was inevitable. The preceding remarks will show that this act has not been disallowed upon any slight grounds. The many wise and beneficent provisions which it contains have been fully appreciated, although they have not been thought sufficient to compensate for the irrepa. rable injury which the best interests of the colony might sustain, from some of the enactments to which I have particularly referred. Even were the law unobjectionable on every other ground, it would be impossible to surmount the difficulty presented by the clauses for restraining religious liberty.-I have the honour to be, Sir, your most obedient humble servant,

(Signed) HUSKISSON. Lieutenant-Governor Sir John Keane, K. C. B., &c.

The following are the clauses contained in the law which refers to the sectarians:

83. And whereas it has been found that the practice of ignorant, superstitious, or designing slaves, of attempting to instruct others, has been attended with the most pernicious consequences, and even with the loss of life: Be it enacted, That any slave or slaves found guilty of preaching and teaching as Anabaptists, or otherwise, without a permission from their owner, and the quarter sessions for the parish in which such preaching or teaching takes place, shall be punished in such manner as any three magistrates may deem proper, by whipping, or imprisonment in the workhouse to hard labour.

84. And whereas, the assembling of slaves and other persons, after dark, at places of meeting belonging to dissenters from the established religion, and other per sons professing to be teachers of religion, has been found extremely dangerous, and great facilities are thereby given to the formation of plots and conspiracies, and the health of the slaves and other persons has been injured in travelling to and from such places of meeting at late hours in the night: Be it further enacted, by the authority aforesaid, that from and after the commencement of this act, all such meetings between sunset and sunrise shall be held and deemed unlawful; and any sectarian, dissenting minister, or other person professing to be a teacher of religion, who shall, contrary to this act, keep open any such places of meeting between sunset and sunrise, for the purpose aforesaid, or permit or suffer any such nightly assembly of slaves therein, or be present thereat, shall forfeit and

pay a sum, not less than £20, nor exceeding £50, for each offence, to be recovered in a summary man. ner, before any three justices, by warrant of distress and sale; one moiety thereof to be paid to the informer, who is hereby declared a competent witness, and the other moiety to the poor of the parish in which such offence shall be committed; and, in default of payment thereof, the said justices are hereby empowered and required to commit such offender or offenders to the common gaol, for any space of time not exceeding one calendar month. Provided always, that nothing herein contained shall be deemed or taken to prevent any minister of the Presbyterian Kirk, or licensed minister, from perform. ing divine worship at any time before the hour of eight o'clock in the evening at any licensed place of worship, or to interfere with the celebration of divine worship according to the rites and ceremonies of the Jewish and Roman Catholic religions.

85. And whereas, under pretence of offerings and contributions, large sums of money and other chattels have been extorted by designing men, professing to be teachers of religion, practising on the igno. rance and superstition of the negroes in this island, to their great loss and impoverishment; and

whereas, an ample provision is already made by the public, and by private persons, for the religious instruction of the slaves: Be it enacted, by the authority aforesaid, that from and after the commencement of this act, it shall not be law. ful for any dissenting minister, religious teacher, or other person whatsoever, to demand or receive any money or other chattel whatsoever from any slave or slaves within this island, for affording such slave or slaves religious instruction, by way of offering contributions, or under any other pretence whatsoever; and if any person or persons shall, contrary to the true intent and meaning of this act, of. fend herein, such person or persons shall, upon conviction before any three justices, forfeit and pay the sum of £20 for each offence, to be recovered in a summary man. ner, by warrant of distress and sale, under the hands and seals of the said justices, one moiety there. of to be paid to the informer, who is hereby declared a competent witness, and the other moiety to the poor of the parish in which such offence shall be committed; and, in default of payment, the said justices are hereby empowered and required to commit such offender or offenders to the common gaol, for any space of time not exceed. ing one calendar month.

FRANCE.

THE chambers commenced their session on the 5th February, 1828; nearly every member was present, and the speech of the king was delivered as follows:

Gentlemen,

It is always with equal satisfac. tion that I see you meet about my throne, and that I come to make

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